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LOGAN v. STATE

070809874; A144503.

313 P.3d 1128 (2013)

259 Or. App. 319

John Duncan LOGAN, Petitioner-Respondent Cross-Appellant, v. STATE of Oregon, Defendant-Appellant Cross-Respondent.

Court of Appeals of Oregon.

Decided November 14, 2013.

Attorney(s) appearing for the Case

Ryan Kahn , Assistant Attorney General, argued the cause for appellant-cross-respondent. With him on the briefs were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Bronson D. James argued the cause and filed the opening brief for respondent-cross-appellant. With him on the brief was JDL Attorneys, LLP. John Logan filed the supplemental brief pro se.

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and BREWER, Judge pro tempore.

ARMSTRONG, P.J.

The state appeals a judgment granting petitioner post-conviction relief and setting aside his convictions for four counts of first-degree sexual abuse, ORS 163.427, and two counts of endangering the welfare of a minor, ORS 163.575. The state argues that the post-conviction court erroneously concluded that trial counsel's failure to object to testimony regarding "treatment recommendations" rendered his performance...

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